How to become a U.S. citizen through marriage

What is Naturalization?

Naturalization is a process in which a foreign national voluntarily applies for and becomes an American citizen. However, a foreign national individual cannot just automatically become an American citizen immediately after getting married to a U.S. citizen or a U.S. permanent resident. Before being able to apply for naturalization and becoming a US citizen, one must attain a green card (i.e., become a U.S. permanent resident). Thus, first things first!

Path to Naturalization through Marriage

Step 1. Obtain a Permanent Resident (Green) Card through Marriage

A Permanent Resident Card, also known as a Green Card, grants authorization to a foreign national to live and work in the United States on a permanent basis.

Many people may have misunderstandings at this particular stage of the process, as some of their friends are able to apply for naturalization after three years after becoming a US permanent resident, while others have to wait five years. How long after marriage can I apply for USA citizenship then? you may ask. Although you are asking about citizenship, as stated above, before being able to apply for citizenship, you must obtain a green card.

There are two types of green cards: a two-year green card and a ten-year green card.

A two-year green card is a Conditional Permanent Resident Card that is issued if, at the time of your U.S. permanent residence approval, your marriage was less than two years old. The person is a full permanent resident in all aspects – eligibility for employment, ability to travel in and out of the United States, accumulation of time toward compliance with residence and physical presence requirements for naturalization as a U.S. citizen. However, when you are within 90 days of the expiration of your green card, you must file a request to remove the conditional basis of your residency.

A ten-year green card can be issued in two cases: after your application to remove the conditional basis has been approved by USCIS, or if your marriage has lasted longer than two years at the moment of your green card approval.

Step 2. Apply for U.S. Citizenship

After receiving your green card and meeting the minimum naturalization requirements, you may apply for U.S. citizenship through naturalization.

To apply for citizenship after marriage, permanent residents must meet a number of requirements. Two initial requirements to apply for U.S. citizenship are (1) the lawful permanent resident must reside continuously in the U.S. for at least five years after becoming a U.S. permanent resident (three years if the resident is a spouse of a U.S. citizen), and (2) that the permanent resident has been physically present in the United States for at least half of that period (2.5 years for most permanent residents, and 1.5 years for spouses of U.S. citizens).

An absence of less than six months at a time does not break the continuity of residence. However, an absence of six months but less than one year breaks the continuity of residence for naturalization purposes unless the applicant can provide a reasonable explanation for the absence.

Note 1: It is important to note that if you are no longer married to a U.S. citizen spouse before the naturalization application, you can qualify for naturalization only after five years of being a U.S. permanent resident.

Note 2: Some permanent residents might be exempted from these requirements, particularly spouses of citizens when the U.S. citizen spouse is assigned abroad by military service.

General Requirements for U.S. Citizenship through Marriage:

In order to become eligible for citizenship in the United States based on marriage, lawful permanent residents must meet various requirements, including:

• You must be a US permanent resident;
• You must be at least 18 years old;
• You have been a continuous lawful permanent resident of the United States for the requisite amount of time (3 years if married to a U.S. citizen, otherwise 5 years. See discussion above);
• You have been physically present in the U.S. for at least half the time of the continuous permanent residence; 
• You must be residing in the state of application for at least 3 months prior to the naturalization application;
• You must have the ability to read, write, and speak ordinary English;
• You will need to demonstrate knowledge of U.S. history and government;
• You must have good moral character;
• You must have continuous residence in the U.S. from the date of filing the naturalization application until admission to citizenship.

Naturalization Application Process

When you are ready to apply for U.S. citizenship via marriage, you will file Form N-400, Application for Naturalization. To file this application, at a minimum, you will need to include:

• Form N-400;
• Copy of your Permanent Resident Card;
• Supporting documentation;
• Government filing fees.

Step 3. U.S. Citizenship Interview

After you follow all the USCIS instructions, such as attending a biometrics appointment to submit your fingerprints, you will receive an invitation notice to the U.S. citizenship interview.

You will be placed under oath at your interview and asked to take English and civics tests. Based on your performance, the USCIS officer will inform you of their decision at the end of the interview.

Finally, you will be invited to attend a naturalization ceremony, on the day of your interview, if available, or on another day. You will be asked to turn in your Green Card, take the Oath of Allegiance, and receive your Certificate of Naturalization.

The USCIS website provides a lot of free helpful information for English and Civics tests.

Spouses of U.S. Citizens Employed Abroad

You may be eligible to expedite your application for U.S. citizenship and naturalize without having to meet the residency requirements mentioned above if your spouse is:

• A U.S. citizen;
• Employed by the U.S. government, including the military or another qualifying employer; and
• Scheduled to be stationed abroad for at least one year at the time you file your Form N-400.